1

The Problem with the American Prison

System

The Issue with the Deterrent Method & Why it Should be

Replaced by Rehabilitation Practices

Laura Ellison
Professor Babcock
ENGL 138T
10 April 2021
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Overview of Current Prison Systems

The United States has multiple prison systems. It is composed of thousands of systems

divided into three categories. These three categories are the federal system, the state system, and

tribal systems. Most individuals are familiar with the state and federal systems. The state systems

differ from the federal systems because it holds offenders that break state laws. Federal prisons

hold offenders that break federal laws. These tend to have more security because violations of

federal laws are more severe than state violations. “Together, these systems hold almost 2 million

people in 1,566 state prisons, 102 federal prisons, 2,850 local jails, 1,510 juvenile correctional

facilities, 186

immigration detention

facilities, and 82 Indian

country jails”.5 The

current goal of prisons

focuses on the deterrence

of crime through

punishment. Punishment

includes tickets,

community services, jail

time, life sentences, or even the

death penalty. Within the prison

system, inmates can be subjected to harsh living conditions and isolation. Due to this

environment, inmates are more ept to commit crimes once in the prison. Unfortunately, if such
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circumstances occur, inmates can receive longer sentences or will be sent to isolation. The

current structure and goals of the prison systems have been ineffective. Recidivism rates have

increased and failed to rehabilitate humans back into society. Other efforts must be established to

reform the justice system and help build a better society.

Current Issues as a Result of Being Incarcerated

According to the National Institute of Justice, “almost forty-four percent of criminals

released from prison return before the first year out of prison”.1 This statistic represents the issue

of the current American prison system. Mass incarceration has become a problem in the United

States due to strict laws and ineffective sentences.

Figure 2: Rearrest Rates for Recividim of Offenders by Age and Release. Recidivism

Research

The current criminal justice system focuses on punishment rather than rehabilitation. Once an

offender enters prison, it becomes harder to re-enter society due to the label offenders have.

These labels make it harder for offenders to re-enter the workplace and become successful.

“During the time spent in prison, many lose work skills and are given little opportunity to gain
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useful work experience. Moreover, the availability of job training programs in prison has

declined in recent years”.6 The only jobs available tend to be low-paying jobs without any

benefits to help offenders become successful.

Furthermore, the conditions within the prison system have detrimental effects on the

inmates. Maximum security prisons are designed more with the intent to punish the criminals

rather than provide rehabilitation opportunities. The environment that surrounds the inmates

creates a sense of rebellion and anger. These conditions that the inmates face are so severe that

they tend to act out. Rather than trying to resocialize the individuals, the current system in place

focuses on further punishment. Inmates can be punished for participating in fights and have to

serve time in isolation. Isolation serves less of a purpose than any other component that is

currently in the American prison system. Time in isolation can affect the mental health and

overall well-being of the inmates. Humans will not become resocialized or rehabilitated under

these strict and inhumane conditions. The trauma that occurs in the current American facilities

needs to change. As society progresses, reform and awareness need to occur to change these

facilities to better our societies.

How Mass Incarceration caused an Indaquate System

“In the United States there are two million people

in the nation’s prisons and jails”.2 The United

States is known for having the most people in

prison compared to any other country. This shows

that there is a clear problem in the United States.

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Figure 3: International Rates of Incarceration. The Sentencing Project

The reason for the high population is because there are many opportunities to get in trouble.

More people than ever were sent to prison and jail when the War on Drugs occurred. In nineteen

eighty, more people were rapidly being sent to prison for drug offenses and petty crimes.

Furthermore, “Bill Clinton overstated the effect of the crime bill he signed in 1994”.3 During this

time Clinton was convinced that his policy reduced crime and put dangerous criminals away.

Although it was an effective policy, it put many low offense criminals in jail with longer

sentences. This became an issue because the prison system could not tolerate the mass influx of

criminals and became overcrowded. The environment that the inmates were subjected to

contributed to inhumane conditions that included the spread of disease.

In some instances, repeat drug offenders

received longer sentences than violent offenders. This

was an insignificant measure to take to stop crime.

Crime, especially petty crimes, is linked with age.

“Because recidivism rates decline markedly with age,

lengthy prison sentences, unless they specifically

target very high-rate or extremely dangerous

offenders, are an inefficient approach to preventing

crime by incapacitation”.4 Therefore, long sentences

for non-violent crimes are ineffective. Since the

establishment of such laws, prisons have continued to be

overpopulated. There also seems to be a continuous cycle as a result of mass incarceration. If a

criminal enters prison on a drug charge, they tend to state in prison longer than sentenced due to
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their interactions in the prison. This adds to the overpopulation problem. Prisons are

overpopulated and need to be focused on keeping prisoners out once released. Reformation of

the system would need to focus on a way to re-enter prisoners back into society and succeed.

Disproving Critics

Although the majority of society would agree that the criminal justice system needs

reformation, critics argue that the deterrence of the current system is effective. In our current

system, when inmates are acting recklessly, officers utilize solitary confinement as a punishment.

An article published about police officers stated, “Correctional officials often defend their

frequent use of solitary confinement as an effective means of maintaining order and deterring

violence and gang activity”.8 Officers conceptualize this method as a “time out” that will punish

the inmates to have better behavior. Further research on police opinions emphasizes the positive

notion that is associated with solitary confinement, “If you’re a correctional officer, your ideal

prison is one where every inmate is locked down 100% of the time”.7 This research suggests that

officers utilize solitary confinement as a way to make their job easier. Rather than looking at the

problems that the inmates are facing, officers rather just quickly handle the situation.
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This attitude towards violence and disorganization within the prison accurately depicts

the current problems in the system. Rather than rehabilitating inmates to become proactive and

socialized individuals, current facilities create mentally unstable and angry inmates. The

conditions that inmates face are extreme. Inmates are “isolated for 23 hours a day in a space the

size of a bathroom”.10 The use of punishment and solitary confinement have long-term impacts

on inmates. According to a research article, inmates may experience “psychological effects that

include anxiety, depression, anger, cognitive disturbances, perceptual distortions, obsessive

thoughts, paranoia, and psychosis”.9 These implications associated with solitary confinement and

the current deterrent method are not effective and inhumane.

Societal Implications

According to the report Drugs in Prison published by The Centre for Social Justice,

“social justice and criminal justice go hand in hand”.11 The criminal justice system affects the

impoverished portions of society. The conditions in these communities are a result of the current

criminal justice system in place. Recidivism is common because of the disadvantages that being

incarcerated creates. According to data, “within three years of release, 67.8 percent of

ex-offenders are rearrested, and within five years, 76.6 percent are rearrested”.12 The rate of

recidivism is significant because it represents how ineffective the criminal justice system is. One

major impact is the likelihood that those released will find employment. In order to be an active

member of society, a person needs an income to pay bills, taxes, and afford a house. However,

previous offenders have a hard time leaving impoverished conditions because of the label they

receive. For example, “a 2002 study of more than 200 employers in the Milwaukee area found

that formerly incarcerated candidates with nearly identical professional experience as

non-offenders were less than half as likely to receive job offers”.13 Without an income to support
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the path of re-entry, previous offenders find it easier to return to old habits, especially if it

produced an income. Furthermore, high rates of crimes tend to be concentrated in impoverished

areas. Previous offenders can find it more difficult to become proactive when they are constantly

surrounded by crime. This continuous cycle creates impoverished communities and dangerous

environments that lead to high rates of recidivism.

Another impact on society is the stereotypes that the incarceration system creates. The

stereotypes and stigma that surround convicts make people less likely to help convicts. For

example, “Discriminatory practices also keep people with criminal records from being accepted

into public low-income housing, forcing many ex-prisoners to sleep on the couches and floors of

relatives or friends, and landing many on the streets”.14 Without this aid, people continue to find

it much harder to get back on track. Stereotypes can also restrict the social ties that previous

offenders have. People who do not engage in criminal behavior may stereotype the criminals and

may not want to contact them. Thus, making it harder for ex-convicts to socialize into a better

relationship with individuals who would not engage in criminal activity.

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The current journey that previous offenders have to partake in when released is difficult.

The conditions that these inmates had to face could be traumatic and make resocialization harder.

Reform to the justice system to help individuals to enter society with well-paying jobs and better

living conditions would ensure a safer community. Society as a whole is impacted but the unjust

system. With the current method in place, the gap between the middle class and the impoverished

will continue to grow.

Recommended Action:

The criminal justice system needs to be reformed to rehabilitate individuals rather than

focusing on punishment. This begins with the environment and structure of prison facilities.

Current United States facilities are designed to keep prisoners from interacting. However, this

leads to more rebellious tendencies because of the innate urge to want to socialize. Furthermore,

inmates are subjected to these unsocialized conditions and can not even contact family. Research

indicated that “imprisonment disrupts relationships and weakens social cohesion since the

maintenance of such cohesion is based on long-term relationships”.15 Since inmates are isolated,

they are subjected to aggressive and malicious thoughts. This leads to rebellion and other riots in

prisons. A way to alleviate this problem would be to implement a more socialized living

environment. For example, Norway prisons are designed to be set up like college dormitories.

The inmates are in a spacious one-person suite with their bathroom. They have the option to lock

the door during the day and the guards lock them in at night. They have access to a communal

kitchen and couch. They have games and televisions in their dormitory room and are provided

with things they like.16 Furthermore, these inmates are allowed to have a tablet and internet to

contact friends and families.

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The second recommendation would be to provide education and opportunities to learn

skills for physical jobs. The Norway prison allows inmates to receive their general education

development diploma or learn a trade.16 This would alleviate the release back into society

because they will be sociable and be prepared to enter the workforce. This is a major component

of prison release, as it will lower recidivism rates and create a better community. Currently,

Norway has a recidivism rate of twenty percent.17 This is much lower compared to the United

States. Prioritizing education and work gives the inmates the want to change.

The final recommendation would be to prioritize the mental health of inmates. The

current conditions in the United States prison systems either create or make mental health issues

worse for inmates. According to statistics, “at least 1 in 5 jail and prison inmates – and as many

as half in some institutions - suffers from disordered thinking caused by severe mental illness”.17

Therefore, when criminals enter the prison system, the priority should be fixing their mental

health. Prioritizing mental health can include the establishment of a psychology unit that has

severely ill inmates being monitored or times focused on helping inmates overcome trauma and

other sensitive issues.

Freedom is a major theme in the United States Constitution. The criminal justice system

is at the heart of this theme by protecting citizens and implementing justice for victims.

However, to ensure a better society and create a united community the current system in place

needs to be reformed. The current conditions are inhumane and create more violence and

criminals. The deterrent method must change to focus on rehabilitation to reform these inmates.

With a better environment, socialization, access to education, and work, inmates can have a

better chance to become contributing members of society.

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End Notes:

1. 2017, Roberto Garbero 20 Feb. “Social Justice and Criminal Justice Go Hand in Hand.”
On Health, 20 Feb. 2017,
https://blogs.biomedcentral.com/on-health/2017/02/20/social-justice-and-criminal-justice
-go-hand-in-hand/.
2. Correctional Officers: Attitudes and Training.
https://jayscholar.etown.edu/cgi/viewcontent.cgi?article=1004&context=psycstu.
3. “Criminal Justice Facts.” The Sentencing Project, 3 June 2021,
https://www.sentencingproject.org/criminal-justice-facts/#:~:text=The%20United%20Stat
es%20is%20the,explain%20most%20of%20this%20increase.
4. Digital Commons - Coastal Carolina University.
https://digitalcommons.coastal.edu/cgi/viewcontent.cgi?article=1032&context=bridges.
5. Employment after Prison: A Longitudinal Study of Releasees ...
https://www.urban.org/sites/default/files/publication/32106/411778-Employment-after-Pr
ison-A-Longitudinal-Study-of-Releasees-in-Three-States.PDF.
6. Farley, Robert. “Bill Clinton and the 1994 Crime Bill.” FactCheck.org, 12 Apr. 2016,
https://www.factcheck.org/2016/04/bill-clinton-and-the-1994-crime-bill/.
7. Go inside One of the Most Humane Prisons in the ... - Youtube.
https://www.youtube.com/watch?v=sCZt2YipiIs.
8. Home | Office of Justice Programs. https://www.ojp.gov/pdffiles1/nij/grants/198320.pdf.
9. The initiative, Prison Policy. “The Research Is Clear: Solitary Confinement Causes
Long-Lasting Harm.” Prison Policy Initiative,
https://www.prisonpolicy.org/blog/2020/12/08/solitary_symposium/.
10. “The Life-Long Stigma of Being an Ex-Prisoner.” Community Change Is a National
Organization That Builds the Power of Low-Income People, Especially People of Color,
to Fight for a Society Where Everyone Can Thrive., 1 Apr. 2014,
https://communitychange.org/life_long_stigma_ex_prisoner/.
11. Mass Incarceration: The Whole Pie 2022 - Prisonpolicy.org.
https://www.prisonpolicy.org/factsheets/pie2022_allimages.pdf.
12. Metzner, Jeffrey L., and Jamie Fellner. “Solitary Confinement and Mental Illness in U.S.
Prisons: A CHALLENGE FOR Medical Ethics.” Journal of the American Academy of
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Psychiatry and the Law, Journal of the American Academy of Psychiatry and the Law
Online, 1 Mar. 2010, http://jaapl.org/content/38/1/104.
13. Michaels, Samantha. “I've Spent 27 Years in Solitary Confinement. Here Are Some Tips
on Making the Best Use of Time Alone.” Mother Jones, 24 Mar. 2020,
https://www.motherjones.com/crime-justice/2020/03/social-distancing-keith-lamar-solitar
y-confinement-coronavirus/.
14. Medics, Jamie. “Focus on Mental Illness to Reduce Mass Incarceration.” Treatment
Advocacy Center,
https://www.treatmentadvocacycenter.org/fixing-the-system/features-and-news/2883-focu
s-on-mental-illness-to-reduce-mass-incarceration.
15. Offender Reentry: Correctional Statistics, Reintegration ...
https://sgp.fas.org/crs/misc/RL34287.pdf.
16. “Prison Reform and Alternatives to Imprisonment.” United Nations: Office on Drugs and
Crime,
https://www.unodc.org/unodc/en/justice-and-prison-reform/prison-reform-and-alternative
s-to-imprisonment.html.
17. Recidivism Rates by State 2022,
https://worldpopulationreview.com/state-rankings/recidivism-rates-by-state.